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In The World We Want:
Kichesipirini Algonquin First Nation Asserts Sustainable
Development Goals and Progress Measures Data Collection and
Analysis Must Capture Specific and Contextual Rights of
Indigenous Peoples and Communities, Inclusive of Verified
Customary and International Customary Rights, Through Full and
Effective Participation and Authentic ILCs as Part of Universal
Good Governance Procedures
December 13, 2013
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Customary International Laws of Nations and Collective Rights
We, the Indigenous Peoples and communities of the world, represent those original Nations, those organic societies, that
have emerged since time immemorial, exercising customary governance for the communal benefit of our members, and
that we are committed to promote peaceful and collaborative relations based on caring and sharing principles consistent
with the Rule of Law and the Law of Nations.
As Indigenous Peoples we have exercised, contributed to, and relied on customary international law. We have contributed
to customs and traditions that have sustained us and our members for generations. We assert that all peoples are united by
common bonds, their cultures pieced together in a shared heritage, and we are concerned that this delicate mosaic may be
shattered at any time, if there is not appropriate intervention, negatively affecting the quality of life for all. We strive to
uphold this universal principle of law regarding the preservation, promotion, and perfection of this commitment to well-
being and the common good, and depend on the reciprocity of the international community for support.
We know that customary international laws are those aspects of international law that derive from custom. Along with
general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United
Nations, and its member States to be among the primary sources of international law.
For many Indigenous Peoples our customary laws have not yet been codified. Being sui generis, or unique in nature, some
aspects may always remain kept and passed on in our traditional ways, especially as expressions of our unique
relationship to place and land. We know that our rights and responsibilities as caring and sharing collectives committed to
the common good of the human family is our source of Sovereignty, consistent with the purposes and principles of law.
We know that as Indigenous Peoples and communities with unique relationships to each other and place we hold special
foundations of law that anchor rights and responsibilities in positions of priority necessary for the preservation of
intentional and purposeful social collectives committed to principled action and sustainable economies and livelihoods.
Caring and Principled Inclusion as Part of Customary International Law of Nations
As Indigenous Peoples, representing genuine natural persons, consistent with the Laws of Nations, which include
references to some specific systems of customary principles of international law, we know that the whole Nation is
obliged to endeavour to maintain itself.
This is a physical and principled requirement.
As a body politic, or a society of people united together for the purpose of promoting our mutual safety and advantage by
our combined strength and care, we are part of that ancient and enduring system of governance patiently committed to to
promote the general welfare of natural persons; being human beings, as equal members of the human family; holding
inherent and inalienable rights. These inherent and inalienable rights derived directly from nature form the bases of our
original constitution, our original corporeal body, as genuine natural persons living in relationship within this natural
realm.
Because a Nation performs such a necessary good it is obliged to preserve itself.
If a Nation is obliged to preserve itself, it is no less obliged carefully to preserve all its members.
As Indigenous Peoples and communities committed to preserving the principled common good we know that we share
common vulnerabilities, and have self-determined through the creation of law to lessen those vulnerabilities as a priority
of our existence as a body politic.. We know that the protection of particular rights of genuine natural persons, as human
beings, can rise to the level of jus cogens, and that the equal, inherent and inalienable rights of human beings, through
acceptance by the international community, are seen as non-derogate able rights.
Every genuine natural person has the right to nationality. This should include the right to freely chose that community
which best protects their dignity, culture, heritage, and common bonds, as genuine natural persons.
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Every Nation, including Indigenous Peoples and communities, owes this to itself, since the loss even of one of its
members weakens it, and is injurious to its preservation for those who compose a Nation are united for their defence and
common advantage; and none can justly be deprived of this consistent with the principled conditions. Civil
administrations and records should be consistent with the inherent and inalienable rights of genuine natural persons and
their human right to belong to the Nation of their birth or choice.
Citizenship cannot be based on domestic policies that are not consistent with the Laws of Nations, human rights, and
responsible sovereignty.
Policies reliant on race-based determinations or blood quantum are not consistent with the principles of law. The
continuance of such policy, and the generated confusion with custom as justification, cannot be used as a means to
disqualify aboriginal peoples from full and effective international participation.
As Indigenous Peoples and communities we assert that the purpose of civil society is to procure for the citizens whatever
they stand in need of for the necessities, the conveniences, the accommodation of life, and, in general, whatever
constitutes happiness. This includes the peaceful possession of property, a method of obtaining justice with security, and,
finally, a mutual defence against all external violence.
This cannot be inconsistent with our first constitution as genuine natural persons attached to, and dependent, on this
natural world and the resources and environment it provides us.
As Indigenous Peoples and communities have long understood a Nation is obliged to preserve itself, it therefore has a
right to everything that is necessary for its preservation. Since Nations are made up of genuine natural persons, as
committed and caring collectives of human beings, we have every right to a healthy natural environment as part of the
necessities of life.
Civil administrations and measures must ensure that our inherent and inalienable rights as human beings are appropriately
captured in accordance to the Rule of Law and the principles of the Law of Nations, inclusive of our customary traditions
and original skills.
As Indigenous Peoples and communities we know that appropriate civil administrations and measures must ensure that
our natural heritage as human beings reflects our unique needs and vulnerabilities. It must therefore ensure that they be
gender sensitive, respectful of life stages and cycles, be psychologically and sociologically responsible, and be
intergenerational and precautionary in implementation.
Indigenous Peoples Are Genuine Nations Committed as Social and Moral Collectives
As Indigenous Peoples and communities we know that if we are to continue we must as much as possible avoid, whatever
might cause our destruction. A responsible Nation, or its genuine representative State, has a right to everything that can
help to ward off imminent danger, and have kept at a distance whatever is capable of causing its ruin, along with the rights
to whatever is necessary for its physical and principled preservation.
Therefore, the entire body of a Nation, made up of committed human beings, with each like-minded individual recognized
as equal citizen, who are bound by double obligations; those immediately proceeding from nature, and the other resulting
from their self-determined and intentional reciprocal engagements.
A Nation ought to know itself. It must know its history, its contemporary condition, and its aspirations and obligations. A
Nation ought to ensure that it is answerable to meeting the needs of the people and must be willing to be held accountable.
This includes the provision of regular demographic and social indicators as a means of examination.
As Indigenous Peoples and communities our vision is clear, as the stewards of the lands from the beginning of time, this is
not a new practice. The ability to make decisions about how the earth is used, where food is grown, where people are
housed, where it is acceptable to mine the planet and how we balance destructive practices with need are best decided by
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those who are most directly affected, living on and from those lands, living as its stewards and caretakers, committed as
guardians of Mother Earth.
As Indigenous Peoples and communities we believe it is evident that people form a political society, and submit to laws,
for their own advantage and safety. A legitimate sovereign authority is then established only for the common good of all
the citizens. A political society is considered a moral entity and the public authority must exist as an extension of that, and
be consistent with everything that constitutes the moral personality of the Nation.
As Indigenous Peoples and communities we believe that Nations must be understood to be positive social good
collectives. Sustainability and development must be understood as both material and social good endeavours.
The moral authority must be committed to protecting the inherent and inalienable equal human rights of all the members.
These include their right to material necessities and the right to social communities capable of promoting the social good.
This requires both technical and social capacity skills. Social development must then meet both physical and sociological
requirements, in accordance to the Rule of Law.
As individuals, committed to the positive social good collective, we become bound by the obligations and responsibilities
of that Nation, and become invested with its rights and responsibilities. We know that a legitimate sovereign command or
authority can only be exerted in a manner conducive to the public welfare. As Indigenous Peoples and communities we
know that the sovereign representative and public authority must understand sustainability and act in accordance to the
common good and common property held by the citizens of the Nation. The contemporary failure to frame environmental
care as a necessary national priority because of our common need and ownership lessens our motivation and capacity as
human beings to maintain concepts of identity, nation, and purpose, grounded in the strong emphasis of affectionate
attachments to people and place, and principles of common and effective stewardship. This erodes our expectations of
governance and sense of social cohesion.
Denied Full and Effective Participation in Policy Development and Systems of Justice
For centuries, in many places of the world, Indigenous Peoples and communities have come under domination and
exploitation by entities not committed to preserving the common good and human rights. The United Nations Declaration on the
indigenous peoples have suffered from historic injustices as a result of, inter
alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular,
their right to development in accordance with their own needs and interests,
This colonial interference has severely limited the proper recognition of the Indigenous Peoples at the international level.
Thousands of people have been denied appropriate recognition of their aboriginal identity and associated rights.
It has not only limited us in numbers, but also in our ability to preserve much of our original ideology.
nation, in accordance with
the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the
This failure to protect these customary laws and social principles has negatively impacted all subsequent processes, and
continues to corrupt ongoing consultations, the lasting security of all reconciliations, negotiations, trade and positive
peace processes.
The imposed system breached the principles of self-determination, and the capacity of a Nation to remember itself, as is
required in international Law of Nations.
These sui generis aspects of such distinct social and economic historical experiences are unique to our area of the world
and are a precious part of the ecological and social relationship of human development and the planet Earth. As such, it is
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an integral part of our collective, or communal, human experience and our understanding of our cosmological awareness
in an expansive and dynamic interest in the multi-dimensional aspects of human rights law and responsibility. This multi-
dimensional aspect of the knowledge and traditions of Indigenous Peoples secures for us all a rich heritage of values,
wisdoms, and aspirations applicable to all directions of human social and geopolitical reasoning. We are, and will
continue to be, defining influences in the sphere of human social experience with long histories of resilience and realistic
responsiveness captured and preserved in ways to inspire and encourage creativity and innovation.
Human rights-based processes that appropriately include Indigenous Peoples and our unique systems of understanding
and purposeful distributions helps ensure effective environmental and social safeguards within a rights-based approach to
climate change concerns.
We, as Indigenous Peoples and communities, have the right to access appropriate systems of justice.
Indigenous Peoples and communities continue to face abuse of their interests daily by organized entities not capable of
meeting the collective or sociological requirements.
The preservation of the sustainable natural environment is a protection of the common interest, as being part of the
heritage of the entire human family committed to the common good, and must be recognized as a first priority and
identifying characteristic of genuine Nations. Those who profit from the short term degradation of the earth can no longer
be solely entrusted with its care-taking policies. The political world moving to a pattern that respects indigenous law will
go a long way to installing productive change in the health of the planet.
Indigenous Peoples Have a Vital Role in the Management of the Environment
As Indigenous Peoples and communities we know that customary law and natural law traditions still influence important
legal foundations in international law. These original, indigenous concepts are gaining strength in their recognition as
wisdom and validity systems in emerging codified international law. Consistent with many indigenous concepts the
emerging strength of the recognition of a healthy environment as a basic human right is receiving increased recognition at
the international level. This has included the ratification of many environmentally focused international treaties. These
international treaties represent the legal outcome of the 1992 United Nations Conference on Environment and
Development (UNCED).
The United Nations Conference on the Human Environment, 1972, represented the first international recognition of
environmental issues. Even as early as 1972 the international community developed Principle 21, which is now widely
considered as having become a rule of customary international law. This principle held nation-states responsible for
harmful environmental actions within their sovereign borders, as well as actions that cross over and harm another state.
The Conference led to the establishment of the United Nations Environment Programme (UNEP) and many national
environmental protection agencies.The related Beijing Platform of Action identified the need to involve women actively
in environmental decision-making. Under Strategic Objective K.1 in the Beijing Platform for Action (1995), governments
agreed to encourage the protection, use and promotion of the knowledge, innovations and practices of women in
indigenous and local communities, ensuring that they are preserved in an ecologically sustainable manner and that
98 in
FAO 2003).
The United Nations Framework Convention on Climate Change (UNFCCC or FCCC) is an international environmental
treaty negotiated at the United Nations Conference on Environment and Development (UNCED), informally known as the
Earth Summit, held in Rio de Janeiro from 3 to 14 June 1992.
In the Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972, published online
by the United Nations Department of Economic and Social Affairs (DESA), there was international consensus that
indigenous people and as well as local communities were to be effectively involved.
(http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm)
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Principle 22 of the document states:
enous people and their communities and other local communities have a vital role in environmental management
and development because of their knowledge and traditional practices. States should recognize and duly support their
identity, culture and interes
Significance of The United Nations Convention on Biological Diversity
One of the greatest challenges facing the world today is that of climate change.
Of great significance was the signing of the Convention on Biological Diversity. The Convention on Biological Diversity
(CBD) is a legally-binding agreement looks at conservation of the ecosystem as a whole. It was to have been implemented
in accordance with Article 8(j) and Article 10.
Article 8(j) states
Each contracting Party shall, as far as possible and as appropriate:
Subject to national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of
biological diversity and promote their wider application with the approval and involvement of the holders of such
knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the
utilization of such knowledge innovations and practices.
Article 10(c):
the customary uses of biological resources in accordance with traditional cultural practices should be protected and encouraged.
Can national legislation circumvent other international obligations?
Governments and indigenous and local communities at the Eighth meeting of the Ad Hoc Open-ended Working Group on
Article 8(j) and Related Provisions, held in Montreal, Canada, have reaffirmed the need to recognize and integrate
traditional knowledge systems of indigenous and local communities into the future work of the Convention on Biological
Diversity (CBD), including its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of
Benefits Arising from their Utilization.
All human rights, including social and cultural rights, and any rights related to the environment, must
communities. Important decisions adopted by the Conference of the Parties, COP, to the Convention on Biological
Diversity at its seventh meeting, UNEP/CBD/COP/7, 2004.
Regarding COP 7, the strength of customary law had been further defined. Decision VII/16 on Article 8j and related
provisions Section H, established the need for development of elements of sui generis systems for the protection of
traditional knowledge, innovations and practices, recognising that any sui generis system for the protection of traditional
knowledge, innovations and practices needs to be developed taking into consideration customary law and practices with
the full and effective involvement and participation of concerned indigenous and local communities.
In all circumstances related to the proposed development, the customary laws and intellectual property rights of the
indigenous and local communities with respect to their traditional knowledge, innovations and practices, should be
respected.
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Some key elements of interest:
Capacity-Building, Education And Training
Parties, Governments and relevant organizations should be encouraged to facilitate strengthening existing indigenous organizational structures and organizations representing local communities.
Specific capacity-building activities should be targeted at indigenous women and women in rural or otherwise marginal communities.
Environmental Impact Assessment
Taking into account interrelated socio-economic, cultural and human health impacts, both beneficial and adverse.
Sacred site may refer to a site, object, structure, area or natural feature or area, held by national Governments or indigenous communities to be of particular importance in accordance with the customs of an indigenous or local
community because of its religious and/or spiritual significance.
Social Impact Assessment
Is a process of evaluating the likely impacts, both beneficial and adverse, of a proposed development that may affect the
rights, which have an economic, social, cultural, civic and political dimension, as well as the well-being, vitality and
viability, of an affected community.
That is, the quality of life of a community as measured in terms of various socio-economic indicators, such as income distribution, physical and social integrity and protection of individuals and communities, employment
levels and opportunities, health and welfare, education, and availability and standards of housing and
accommodation, infrastructure, services.
Strategic Environmental Assessment
Is a process of evaluating the likely environmental impacts of proposed policies, plans or programmes to ensure that they
are fully included and addressed at an early stage of decision-making, together with economic, social and cultural
considerations.
Traditional Knowledge (TK)
Refers to the traditional knowledge, innovations and practices of indigenous and local communities embodying traditional
lifestyles relevant for the conservation and sustainable use of biological diversity.
The actors involved in the assessment process may include the proponent of the development, one or more governmental
agencies, indigenous and local communities, stakeholders, and technical experts conducting the assessment; noting further
the desirability of integrating cultural, environmental, and social impacts within a single assessment process
Executive Secretary to publish these guidelines as a booklet in the official languages of the United Nations, Parties and Governments, in collaboration with indigenous and local communities, to also make the guidelines
available in local languages in relevant circumstances.
Parties and Governments to support, financially and otherwise, indigenous and local communities, where they have not already done so, in formulating their own community development and biodiversity conservation plans that will enable such communities to adopt a culturally appropriate strategic, integrated and phased approach to their development needs in line with community goals and objectives. These plans should include a strategic environmental assessment policy or plan to provide a systematic process with the participation of indigenous and/or local communities for integrating cultural, environmental, and social considerations in planning and decision-making. Indigenous and local communities to take note of the guidelines and to request their application in the case of
developments proposed to take place on, or which are likely to impact on, sacred sites and on lands and waters
traditionally occupied or used by indigenous and local communities carry out a baseline study, in consultation
with the affected indigenous and local communities, to ascertain those components of biological diversity of
particular significance to the affected indigenous or local community.
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Monitoring And Auditing Stage:
Monitoring and environmental auditing As part of the above stages, the following steps may also be considered in
carrying out an impact assessment for a development proposed to take place on, or which is likely to impact on, sacred
sites and on lands and waters traditionally occupied or used by indigenous and local communities.
Identification of indigenous and local communities and relevant stakeholders likely to be affected by the proposed development
Establishment of effective mechanisms for indigenous and local community participation, including for the participation of women, the youth, the elderly and other vulnerable groups, in the impact assessment processes
Establishment of an agreed process for recording the views and concerns of the members of the indigenous or
local community whose interests are likely to be impacted by a proposed development
Identification and provision of sufficient human, financial, technical and legal resources for effective indigenous and local community participation in all phases of impact assessment procedures including contingency plans
regarding possible adverse cultural, environmental and social impacts resulting from a proposed development
Identification of actors responsible for liability, redress, insurance and compensation
Establishment of a Review and Appeals Process
The proponent of a development proposal or the responsible government authority should engage in a process of
notification and public consultation of intention to carry out a development. Such notification should use all normal public
means of notification (print, electronic and personal media, including newspapers, radio, television, mailings, village/town
meetings, etc.), and ensure that such notification and consultation take place in the language(s) of the communities and
region that will be affected.
In all circumstances related to the proposed development, the customary laws and intellectual property rights of the
indigenous and local communities with respect to their traditional knowledge, innovations and practices, should be
respected.
Any activity aimed at the incorporation of cultural and social considerations, and the biodiversity-related considerations of
indigenous and local communities, into national environmental the need for continued collaboration with other relevant
organizations working on issues related to the protection of traditional knowledge, innovations and practices, such as the
World Intellectual Property Organization (WIPO), the Permanent Forum on Indigenous Issues (PFII), the World Health
Organization (WHO) and the Food and Agriculture Organization of the United Nations (FAO), the United Nations
Educational, Scientific and Cultural Organization (UNESCO), the United Nations Conference on Trade and Development
(UNCTAD) and the World Trade Organization (WTO) to ensure mutual supportiveness and avoid duplication of efforts.
Provisions regarding enforcement and remedies should have included:
Relationship to other laws, including international law. Parties and Governments to make the necessary voluntary financial contributions to facilitate the convening of the
group of legal and technical experts
Synergy being developed between the Convention on Biological Diversity and the Ramsar Convention in implementing
the programme of work, notes the progress made in the implementation of the joint work plans between the two
conventions (UNEP/CBD/COP/7/INF/27) Ramsar Convention, the United Nations Environment Programme - World
Conservation Monitoring Centre, the Millennium Ecosystem Assessment and the Global International Waters Assessment
among others, further develop collaboration with programmes, organizations, institutions, conventions and include (but
are not limited to) the United Nations Convention to Combat Desertification (UNCCD), the United Nations Development
Programme (UNDP), the United Nations Environment Programme (UNEP), the United Nations Educational, Scientific
and Cultural Organization (UNESCO), the Food and Agriculture Organization of the United Nations (FAO), the United
Nations Framework Convention on Climate Change (UNFCCC), the Convention on International Trade in Endangered
Species (CITES), the Convention on the Conservation of Migratory Species of Wild Animals (CMS), the Convention on
Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention), BirdLife International,
Conservation International, DIVERSITAS, the Global International Water Assessment, the Global Water Partnership, the
WorldFish Center (formerly the International Center for Living Aquatic Resources Management, ICLARM), IUCN the
World Conservation Union, the Millennium Ecosystem Assessment, the World Water Council, Wetlands International,
the World Wide Fund for Nature (WWF) and the World Bank.
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The State is to ensure:
Resources, including financial, technical and legal support, should be made available to indigenous and local communities and relevant national organizations to enable them to participate fully in all aspects of national
impact assessments.
Establish a voluntary funding mechanism under the Convention to facilitate the participation of indigenous and local communities
Particular emphasis on providing information in appropriate and accessible languages of indigenous and local communities
The development proposal and impact assessments should be made available to organizations representing affected
indigenous and local communities and relevant stakeholders for the purposes of public scrutiny and consultation. This
should include:
A formal process to identify the indigenous and local community members, experts and organizations, and relevant stakeholders should be engaged, including local and open consultations.
In order to facilitate the involvement and participation of the affected indigenous and local communities, local experts should be identified and their expertise recognized and engaged at the earliest opportunity.
provision of necessary human, financial, technical and legal resources, particularly to those indigenous and local communities, to support indigenous and local expertise, will facilitate effective indigenous and local community
participation in the impact assessment process.
In social impact assessments, social development indicators consistent with the views of indigenous and local communities should be developed and should include gender, generational considerations, health, safety, food and
livelihood security aspects and the possible effects on social cohesion and mobilization.
Possible impacts on traditional systems of land tenure and other uses of natural resources Protecting traditional lifestyles. Recognize the vital role that women and youth play, in particular women and youth within indigenous and local
communities, in the conservation and sustainable use of biological diversity and the need for the full and effective
participation of women in policy-making and implementation for biological diversity conservation should be fully
taken into consideration.
Indigenous and local communities should be encouraged, and provided with the necessary support and capacity to formulate their own community development plans.
The process is to include proposals for the application of ways and means to remove or mitigate perverse
incentives.
As part of the associated processes, along with the impact assessments, review and appeals, monitoring and auditing there
should be processes for identifying influences that impede implementation.
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Identification of Obstacles For Policy Reform
Recognizing that a sui generis system for the protection of traditional knowledge at the international level may enable indigenous and local communities to effectively protect their knowledge against misuse and
misappropriation and that such a system should be flexible and respect the interests and rights of indigenous and
local communities.
The lack of contributes to the persistence of policies that create perverse incentives and do not assist in achieving what may still be legitimate policy objectives. International organizations are highly requested to cooperate in this
effort.
Initiatives include:
Removing perverse incentives. Evaluation of policy efficacy and efficiency. Removal of policies that generate perverse incentives. Funding should be available for capacity-building. Building policy, legal, judicial and administrative capacity. Building capacities of, and empowering indigenous and local communities and all relevant stakeholders with
respect to access to and use of relevant technologies, including strengthening of decision-making skills.
As per COP 10 decision X/2, States are required to implement the 2011-2020 Strategic Plan for Biodiversity, including
the Aichi Biodiversity Targets; with the full and effective participation of Indigenous Peoples.
For Indigenous Peoples, preservation and promotion of traditional and cultural practices are closely linked to Indigenous
Peoples customary uses of resources and broad world views regarding connection to land and lifeforms. Both are
intimately connected to Indigenous Peoples ability maintain, promote and preserve culture with authenticity.
Indigenous Peoples and Community Protocols Inclusive of Customary Law Within a United Nations Framework
Contained in the newly released publication Community Protocols for Environmental Sustainability: A Guide for
Policymakers. UNEP Nairobi and EDO NSW Sydney (2013), community protocols are an emerging concept in
international environmental law and policy.
This do
developed by Indigenous Peoples and local communities, ILCs, in relation to their traditional knowledge (TK), territories,
and natural and other r
diversity of ILCs and their responses to issues or problems. Depicting this diversity, community protocols provide a
description of the collective identity of relevant ILCs that include their histories, shared values, traditional territories,
Of particular interest cognized Indigenous Peoples is
according to the customary laws of the indigenous peop
This principle is linked to the right to self-determination, cultural rights, and the right to participation. Important areas
where community protocols can provide clarity and reduce conflict include:
substantive (including rights to natural resources and traditional territories) and procedural rights customary laws, processes and ways of life.
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Potential benefits identified from ore inclusive processes include:
conservation and sustainable use of biodiversity in both protected areas and beyond; protection of TK; regulating access to the traditional territories, natural and other resources and TK of ILCs; acting as an interface between customary law and formal legal and policy frameworks; education, capacity building and improved participation; and clarification of expectations and improved relationships between ILCs and external actors.
conduct, and established practices. They are enforced by community institutions, and can have sanctions attached. They
are derived from natural resource use some practices and beliefs acquire the force of law. They are locally recognised,
t al., 2009).
It is our recommendation that these guidelines be integrated as policy at the international level as part of a Climate
Change and Social Justice Action plan.
ty protocols involves the broader
community in decision making in a way that is accessible and sensitive to local processes, in particular, recognising
customary decision-
tive participation also reflects the principle of procedural justice, which has been linked to processes such
One of the major challenges facing the human family today is that of climate change. Climate change affects many issues
such as loss of biodiversity, degradation of ecosystem and ecosystem services and local, regional, and global air, water
and land pollution. These matters cannot be seen as merely environmental. Their social component must be accurately
addressed.
Inclusion of Indigenous Peoples and local communities ensures that fairer assessments are implemented that recognize
human beings as integral parts of the natural world, and that our individual and collective rights, health, economic, food,
and water securities are affected. The use of probability based environmental and social impact projections cannot be
made in isolation of human rights issues.
Reliance on business models is not sufficient.
The inherent uncertainties associated with all projections must be recognized and mitigations must be addressed through
political processes anchored in moral leadership and global accountability. Climate change is a threat not only to
ecosystems, but also to the people who directly depend on them, as well as subsequent systems expected to respond. This
can have unfair consequences on the poor and vulnerable. Inclusion of Indigenous Peoples and local communities brings
on the ground decision making and ecosystem protection as more effective elements of Climate Change policy.
Although numerous policies have been in place for decades they have not been fair or effective. The appropriate inclusion
of Indigenous Peoples and local communities encourages the inclusion of climate change and social justice principles into
national impact assessment procedures in more meaningful ways consistent with international objectives.
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Full and Effective Participation Must Include Access to Justice
Council (EMRIP) (UNHCR, 2011), the Global Environment Facility (GEF) (GEF, 2012), the International Finance
Corporation (IFC, 2012), and the Asian Development Bank (ADB, 2009) provide some guidance on matters relating to
Full and effective participation in such processes:
-determination is free of external manipulation, interference, coercion or intimidation, ensures information is accessible to various age groups and socio-economic backgrounds and in the relevant
language,
should be particularly attentive to the voices of ILC women
As Indigenous Peoples and local communities, we know that the impacts of climate variability and change are different
and more severe for vulnerable populations.
We know that climate change is an immediate threat to lives and livelihoods. We know that the impacts of climate
variability and change are the greatest for those who are the least able to cope with negative consequences. The
participation of authentic communities in climate change policy based on the recommendations of the Convention on
Biological Diversity would facilitate new meaningful education and employment opportunities for those most at risk,
while reducing unintended consequences, especially to the poor. Without appropriate intervention there are cumulative
negative impacts.
.
For centuries, since time immemorial, Indigenous Peoples and many types of local communities have shared a common
repertoire of competencies, interests, and common resources including language, cultural teaching songs, legends, artistic
styles, symbols, seasonal routines, reference documents, specialized tools, and integrated community systems of rewards
that the collectives have developed that have contributed to long traditions of knowledge, trusted relationships, and
common benefits, contributing to material benefit and social cohesion and capacity.
These shared practices utilized by many intentional positive social enterprise communities have existed as the formalized
economic and social organization systems of many Indigenous Peoples, as genuine Nations, and have been utilized as
informal systems by many other types of communities as well. These communities of shared practices, interests, and
support networks become extremely valuable in times of crisis or challenge. These intentional communities of common
practice and values can act as efficient and effective resources for local and immediate intelligence and human resources
for the enforcement of environmental laws on the ground. This can mean important new and meaningful education and
employment opportunities for Indigenous Peoples and local communities.
As an international forum for building consensus and negotiating agreements, the UN is tackling global problems. Climate
change is a global problem that demands a global solution. The United Nations has been at the forefront in assessing the
science and forging a political solution. The United Nations is also working to solve global environmental problems,
which can be related to climate change issues. Indigenous Peoples hold traditional knowledge that may be critical to
climate change adaptation. If we do not have accurate and authentic information regarding the Indigenous Peoples of an
area then we are wasting valuable resources and missing critical opportunities. It is imperative that data collection be
accurate and thorough.
The entire concept of sustainability is grounded on taking future generations into account while living now with an
awareness that our actions do have an impact on others and the world. Social sustainability takes an even larger
worldview into consideration that also integrates consideration of specific communities, cultures, and matters of
globalization.
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Good Governance and Responsible Policy Requires Contextual Rights-Based Data
Without accurate data there cannot be accurate measures.
incorporation or imposed juristic personhood,
typically curtails the independent expression of concerns faced by many Indigenous Peoples and local communities. The
situation is even more severe for those Indigenous Peoples and communities not recognized by any administrative means.
It is a well-recognized principle of international law, that States may not invoke their domestic laws to avoid their
international obligations.
Continuing progress associated with the Convention on Biological Diversity emphasise:
Respect, preserve and maintain the traditional knowledge, innovations and practices of indigenous and local communities consistent with Article 8(j)
Establishing appropriate mechanisms to improve the participation and involvement of indigenous and local communities and civil society representatives
Engage indigenous and local communities, and all relevant sectors and stakeholders including representatives of society and the economy that have a significant impact on, benefit from or use biodiversity and its related
ecosystem services.
Ensure that national biodiversity strategies and action plans take into account the principles in the Rio Declaration on Environment and Development adopted at the United Nations Conference on Environment and Development.
If there is to be full and effective participation there must be access to remedy and appeals process for complaints as part
of access to justice.
Elements of access to justice include the right to an effective remedy, procedural fairness and the need for States to take
positive measures to enable access to justice. (Access to justice in the promotion and protection of the rights of indigenous
peoples, Study by the Expert Mechanism on the Rights of Indigenous Peoples, A/HRC/24/50)
The right to a remedy and related procedural and substantive rights essential to securing a remedy are protected in a wide
range of international instruments. The United Nations treaty bodies have found that, when providing for remedies, they
should be adapted so as to take account of the special vulnerability of certain categories of persons. This has been
particularly true for those Indigenous Peoples and individuals wishing to preserve and implement their customary
governance rights and identity. Positive steps can include measures to ensure the use of indigenous languages in courts,
and ensuring officials are highly trained in indigenous history, legal traditions and customs.
The Expert Mechanism has recommended previously that, in providing redress to indigenous peoples for the negative
impacts of State laws and policies, States should prioritize the views of indigenous peoples on appropriate forms of
redress (A/HRC/21/53, para. 23).
human rights, including through the
A/HRC/24/50)
Expert advice at the international level suggests that:
The United Nations should dedicate resources to the development and carrying out, in cooperation with indigenous peoples, of training on the rights of indigenous peoples in relation to access to justice for law
enforcement officials and members and staff of the judiciary.
The United Nations system should seek to expand programmes designed to support indigenous peoples to carry out strategic litigation to advance their rights and expand their access to justice.
The United Nations should work with indigenous peoples to contribute to further reflection on and capacity-building regarding truth and reconciliation procedures for indigenous peoples.
Culturally appropriate support services must be provided.
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Expert Mechanism advice No. 5 (2013): Access to justice in the promotion and protection of the rights of indigenous
peoples states:
that they respect the principles of the Declaration, and that States act in a timely way on truth commission
recommendations and the im
It further states:
improved access to justice for indigenous peoples, including by encouraging recognition of and providing support for
indigenous justice systems and promoting the implementation of the Declaration at the national level and to provide
training on the rights of indigenous peoples in relation to access to justice
For Indigenous peoples and communities there can be no pathway to justice without a clear integration of our relationship
to land and sui generis economies. These matters of environmental and social justice are directly linked with global
interests associated with climate change and sustainable development goals.
Rio+20, is the short term for the United Nations Conference on Sustainable Development, having taken place in Rio de
Janeiro, Brazil, June 2012. It was a hailed as a historic opportunity to define new pathways to a safer, more equitable,
cleaner, greener and more prosperous world for all. One of the main outcomes of the Rio+20 Conference was the
agreement by member States to launch a process to develop a set of Sustainable Development Goals (SDGs). This process
was to include the active involvement of all relevant stakeholders, as appropriate, in the process. The Conference
produced the defining document The Future We Want, A/RES/66/288 - The Future We Want.
Section C of the document, Engaging major groups and other stakeholders, Article 43 states:
We underscore that broad public participation and access to information and judicial and administrative proceedings are
essential to the promotion of sustainable development. Sustainable development requires the meaningful involvement and
active participation of regional, national and subnational legislatures and judiciaries, and all major groups: women,
children and youth, indigenous peoples, non-governmental organizations, local authorities, workers and trade unions,
business and industry, the scientific and technological community, and farmers, as well as other stakeholders, including
local communities, volunteer groups and foundations, migrants and families as well as older persons and persons with
disabilities. In this regard, we agree to work more closely with the major groups and other stakeholders and encourage
their active participation, as appropriate, in processes that contribute to decision-making, planning and implementation of
policies and programmes for sustainable development at all levels..
Article 49 states:
es in the achievement of sustainable development. We
also recognize the importance of the United Nations Declaration on the Rights of Indigenous Peoples in the context of
global, regional, national and subnational implementation of sustainable development
The Rio+20 outcome document The Future We Want resolved to establish an inclusive and transparent intergovernmental
process on SDGs that is open to all stakeholders. SDGs must have clear and transparent indicators, with near-term
benchmarks within the longer-term scope of the goals. They are to include important qualitative metrics that should also
be used to judge progress, and identifying regional disparities otherwise not usually recognized through quantitative data.
Each goal must integrate social, environmental and economic dimensions, and be interconnect in these areas. It must be a
holistic approach that requires innovative approaches that develops a limited number of concise goals goals that address
challenges of the highest political as well as scientific priorities.
These required innovations in data sources and data collection, and the broader social indicators required for post-2015
cross-cutting themes are to include new data sources and information in official statistics, particularly capable of
identifying and capturing inequalities among population groups and integrating population dynamics in target-setting
objectives.
http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/66/288&Lang=E -
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Indigenous Peoples Specific and Contextual Right Must Be Defined Integrated Within Social and Sustainable
Development Goals With Full and Effective Participation Where Appropriate
Of particular concern to us as representatives of Indigenous Peoples and communities are the numerous disparities
between various groups and sectors within the indigenous populations and collective structures and relationships. While
there are vast differences in the conditions and challenges between Indigenous Peoples in the different parts of the world
and State regimes, few people recognize the vast disparities between different indigenous groups within single State
administrations; especially where there has been a history of colonization.
Colonial policy introduced artificial divisions amongst organic original Nations that still leave a legacy of gross disparity
and marginalization today. This marginalization in some circumstances is so severe that many authentic groups have been
completely ignored and removed from the record, left to fend completely for themselves in circumstances of great
disadvantage and threat. The differences b -
are all artificial and discriminatory concepts that are alien to traditional practices and compromise the inherent and
inalienable rights of thousands of indigenous people around the world. These discriminations cannot simply be remedied
by simple federal or State recognition as this often erodes existing customary rights, land title, and jurisdiction of a
significant number of existing but unrecognized Indigenous Peoples around the world. Some of these most discriminated
against Indigenous Peoples can be found continuing in developed countries, but are systematically denied all benefits or
interventions available to those in developing countries. This includes appropriate remedial intervention or relocation
assistance following extensive environmental or climate change crisis.
These most marginalized Indigenous Peoples and communities have continued as ignored peoples only now to find
themselves at risk of becoming invisible climate change refugees.
SDGs must be conceived under the language and action of a rights- based approach, serving as a comprehensive
overarching guide to broad systematic change, upholding the Principle of Non-Regression (that nations cannot amend or
repeal current laws designed to protect human rights). If there is to be appropriate participation then there must be
appropriate understanding of the various rights and jurisdictions held by specific and contextual aboriginal groups and
Indigenous Peoples.
The principle of non-discrimination and equality is enshrined in international human rights instruments adopted by States.
This principle supports the need for more systematic statistics to better inform on discriminations, as well as provide
statistics on other vulnerable populations which may be excluded from mainstream sources of indicators such as house-
hold surveys and census records.
Indigenous Peoples are identified as a vulnerable group, major stakeholder, and source of potential valuable contributions
within the climate change framework.
Because there are legal and jurisdictional issues causes inequalities among this population group there must be different
ways of treating these groups when developing indicators, and that full and effective participation in this development
processes has already been established in the CBD. The effectiveness and efficiency of this participation should be
enhanced with the recommendations in Community Protocols for Environmental Sustainability: A Guide for
Policymakers, UNEP Nairobi and EDO NSW Sydney (2013), community protocols are an emerging concept in
international environmental law and policy.
Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and
equitable development and proper management of the environment, and that the situation of Indigenous Peoples varies
from region to region and from country to country and that the significance of national and regional particularities and
various historical and cultural backgrounds should be taken into consideration; considering that the rights affirmed in
treaties, agreements and other constructive arrangements between States and Indigenous Peoples are, in some situations,
matters of international concern, interest, responsibility and character.
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The document Community Protocols for Environmental Sustainability: A Guide for Policymakers, UNEP Nairobi and
EDO NSW Sydney (2013) clarifies that:
itical diversity of ILCs and their
responses to issues or problems. Depicting this diversity, community protocols provide a description of the collective
identity of relevant ILCs that include their histories, shared values, traditional territories, knowledge, innovations and
According to the publication:
practices. They are enforced by community institutions, and can have sanctions attached. They are derived from natural
resource use some practices and beliefs acquire the force of law. They are locally recognised, orally held, adaptable and
).
Since states tend to view those Indigenous Peoples that still hold customary jurisdiction and title while living within their
territories as a major threat. This makes this group a very vulnerable group withinh an already vulnerable group or group
of interest. If their situation and concerns are not authentically and accurately captured through appropriate data collection
processes then all measures can be compromised.
You cannot measure what you do not acknowledge or include.
If States fail to acknowledge the existence of verifiable and authentic Indigenous Peoples still holding customary
jurisdiction then we lose a valuable contributor, and we fail in the rights-based and inclusive aspects of the process.
Many Indigenous Peoples and communities are denied any fair representation in State processes, and are left completely
invisible in civil registrations or vital statistics processes which could be used as very valuable tools for effective
sustainable development impact data and human rights monitoring. Instead, many States, through administrative
omissions, file statistics and reports, respond to international queries, and enter into consultations without first rectifying
glaring disparities within their own systems. There must be more accurate and verifiable data processes and broader measures of progress.
The Statistical Commission Friends of the Chair Group on Broader Measures of Progress (FOC) was established by the
United Nations Statistical Commission at its forty-fourth session (26 February to 1 March 2013) as response to the request
of the Rio+20 conference to launch a programme of work on broader measures of progress to complement GDP in order
to better inform policy decisions.
The Friends of the Chair Group (FOC) on broader measures of progress was established by the United Nations Statistical
Commission at its forty-fourth session (26 February to 1 March 2013) as a response to the request of the Rio+20
conference to launch a programme of work on broader measures of progress to complement GDP in order to better inform
policy decisions. The Commission has requested that the FOC, among other things,
The Commission has stressed that:
part of a larger information infrastructure/architecture in order to support
development policy at all levels and need therefore to be linked to evolving sustainable development goals and any
framework that will support the post-
We assert that as Indigenous Peoples still holding customary jurisdiction, and those communities allied with us, be given
proper recognition within the United Nations climate change framework. An important first step in that is our full and
effective participation in the development of social indicators that reflect our unique, sui generis, situation and provide full
and effective participation, in accordance with our rights, in the SDGs, targets, and progress measures process.
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Respect For Indigenous Knowledge, Cultures, Traditional Practices Contributes To Sustainable, Equitable
Development, Proper Management Of The Environment
The scale of the global sustainable development challenge is unprecedented.
Four priorities established are economic development (including the end of extreme poverty), social inclusion,
environmental sustainability, and good governance including peace and security.
Social inclusion should integrate an appropriate definition, based on the human-rights based approach that includes
appropriate definitions of Indigenous Peoples, indigenous people, indigenous community, aboriginal, and various other
terms used to describe those groups and the various right that they hold. Good governance must include thorough,
accurate and authentic data collection regarding the various indigenous groups with appropriate capture of their access to
resources and justice processes applicable to their specific and contextual rights.
Ensuring full and effective participation of the Indigenous Peoples and communities in these processes will ensure
meaningful economic and employment opportunities for many marginalized and impoverished communities.
Again, recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and
equitable development and proper management of the environment, and that the situation of Indigenous Peoples varies
from region to region and from country to country and that the significance of national and regional particularities and
various historical and cultural backgrounds should be taken into consideration; considering that the rights affirmed in
treaties, agreements and other constructive arrangements between States and Indigenous Peoples are, in some situations,
matters of international concern, interest, responsibility and character.
Article 38 of the United Nations declaration on the Rights of Indigenous Peoples, UNDRIP, states:
States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative
measures, to achieve the ends of this Declaration.
Article 39 states:
Indigenous peoples have the right to have access to financial and technical assistance from States and through
international cooperation, for the enjoyment of the rights contained in this Declaration.
We assert that funding, logistics, independent and competent expert assistance must be provided in ways that promote
inclusive and appropriate participation.
Article 41 of the UNDRIP states:
The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall
contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial
cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting
them shall be established.
Article 42 states:
The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including
at the country level, and States shall promote respect for and full application of the provisions of this Declaration and
follow up the effectiveness of this Declaration.
We therefore assert In The Future We Want:
Kichesipirini Algonquin First Nation asserts sustainable development goals and progress measures data collection and
analysis must capture specific and contextual rights of Indigenous Peoples and communities, inclusive of verified
customary and international customary rights, through full and effective participation and authentic ILCs as part of
universal good governance procedures.
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Sincerely,
in service,
Paula LaPierre
Principal Sachem
Kichesipirini Algonquin First Nation
Kichi Sibi Anishnabe
Canada